DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Claims 1-2, 25-26, 31-34, 36-37, 44 and 47 have been amended, and claims 5 & 27-29 have been cancelled. No claim has been added. The status of claims 1-4, 25-26, 31-38, 44 and 47 are pending.
Response to Arguments
Applicant's arguments filed on Aug 04, 2025 have been fully considered but they are
not persuasive.
The Applicant alleged that Hoang et al (US20190306835A1) fails to anticipate: “the UE is to carry out sensing only on one or more subsets of time resources of the set of resources, wherein a number of time resources of the one or more subsets of time resources is less than a total number of time resources within the set of resources provided by the wireless communication network” by arguing that “Hoang fails to teach or suggest the feature of sensing only on one or more subsets of time resources since the reference merely mentions a partial sensing of frequency resources”.
In response the Examiner respectfully disagrees because Hoang’835 discloses:” A WTRU may be configured to perform partial sensing. The WTRU may perform sensing in a subset of the frequency resources and in a subset of the subframes in the sensing pool” (par 0089); “A time resource unit (e.g. a symbol/slot/subframe) may be a property and/or parameter of the configured resource” (par 0097). Here sensing in a subset of the subframes in the sensing pool can be equated to “sensing …on one or more subsets of time resources of the set of resources” and subframes can be equated to time resources.
Therefore, the cited references teach the claimed limitations in question with adequate reasons and suggestions of combining the teachings. The same conclusion applies to claims 44 and 47.
The Applicant alleged that Hoang’835 fails to anticipate: “wherein the UE is to carry out sensing only on certain frequency resources of the one or more subsets of frequency resources” by arguing that “Hoang instead discloses the WTRU performing either partial or full sensing according to the sensing request in paragraph 91 and the event-triggered sensing in paragraph 92”.
In response the Examiner respectfully disagrees because Hoang’835 discloses:” The WTRU may receive a sensing request from the network. The sensing request may indicate whether the WTRU may perform either partial or full sensing. The WTRU may receive a sensing request which may include a sensing resource indication. …the sensing resource indication may include … subchannel indices, etc.” (par 0091); “The WTRU may perform sensing when the channel busy ratio (CBR) over a subset of subchannels becomes larger than a threshold” (par 0092). Therefore Hoang’835 discloses: WTRU receives partial sensing request from the network indicating subchannel indices and performs sensing when CBR over a subset of subchannels becomes larger than a threshold, and thus Hoang’835 anticipates: “wherein the UE is to carry out sensing only on certain frequency resources of the one or more subsets of frequency resources”. Here subchannel indices of a subset of subchannels can be equated to “certain frequency resources of the one or more subsets of frequency resources”.
Therefore, the cited references teach the claimed limitations in question with adequate reasons and suggestions of combining the teachings. The same conclusion applies to claims 44 and 47.
The Applicant alleged that Hoang’835 fails to anticipate: “wherein the UE is to carry out sensing in one or more sensing frequency regions, SFRs, the one or more SFRs comprising only the certain frequency resources of the one or more subsets of frequency resources”.
In response the Examiner respectfully disagrees because Hoang’835 discloses:” A WTRU may perform sensing on resources indicated by a network via broadcast. The WTRU may be configured to perform sensing on a subset of resources as indicated by the network via broadcast… The WTRU may determine one or more subsets of the configured resources for sensing. For example, the WTRU may determine the subsets based on properties and/or parameters of the configured resources. Properties and/or parameters of the configured resource may include one or more of the following…. The frequency resource granularity (e.g., the subcarrier spacing/resource block/BWP) of the configured resource may be a property and/or parameter of the configured resource” (par 0097).
Therefore Hoang’835 discloses: WTRU determine one or more subsets of the configured subset of resources for sensing (based on frequency resource granularity such as resource block/BWP). And thus Hoang’835 anticipates “wherein the UE is to carry out sensing in one or more sensing frequency regions, SFRs, the one or more SFRs comprising only the certain frequency resources of the one or more subsets of frequency resources”. Here one or more subsets of the configured subset of resources for sensing being determined by WTRU can be equated to one or more SFRs comprising only the certain frequency resources of the one or more subsets of frequency resources and configured subset of resources for sensing can be equated to one or more subsets of frequency resources.
Therefore, the cited references teach the claimed limitations in question with adequate reasons and suggestions of combining the teachings. The same conclusion applies to claims 44 and 47.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 25-29, 31-37, 44 and 47 are rejected under 35 U.S.C. 102(a2) as being anticipated by Hoang et al (US20190306835A1).
Regarding claim 1 (Currently Amended), Hoang’835 discloses a user device, UE, for a wireless communication network (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040),
wherein a set of resources (see, resource pool, par 0082) is provided for a communication in the wireless communication network (see, WTRUs scheduled with different resource pools for communication, par 0081-0082),
wherein the UE is to operate, e.g., carry out sensing (see, sensing, par 0089), only on one or more subsets of frequency resources of the set of resources, wherein a number of frequency resources of the one or more subsets of frequency resources is less than a total number of frequency resources of the set of resources (see, WTRU perform partial sensing by perform sensing in a subset of the frequency resources (WTRU may perform sensing in half of the frequency resource), par 0089),
wherein
the set of resources comprises a plurality of time resources (see, subset of the subframes in the sensing pool, par 0089) and a plurality of frequency (a subset of the frequency resources in the sensing pool, par 0089) resources (see, WTRU configured to perform partial sensing in a subset of the frequency resources and in a subset of the subframes in the sensing pool, par 0089), and
the UE is to carry out sensing only on one or more subsets of time resources (subset of subframes, par 0089) of the set of resources, wherein a number of time resources of the one or more subsets of time resources is less than a total number of time resources within the set of resources provided by the wireless communication network (see, Fig. 2, WTRU configured to perform partial sensing on subset of the subframes in the sensing pool (four out of five subframes in its sensing pool), par 0089),
wherein the UE is to carry out sensing only on certain frequency resources (subchannel indices, par 0091) of the one or more subsets (subset of subchannels, par 0092) of frequency resources (see, Fig. 2, WTRU receives partial sensing request from the network indicating subchannel indices and performs sensing when CBR over a subset of subchannels becomes larger than a threshold, par 0091-0092),
wherein the UE is to carry out sensing in one or more sensing frequency regions, SFRs, the one or more SFRs comprising only the certain frequency resources of the one or more subsets of frequency resources (see, WTRU determines one or more subsets of the configured subset of resources for sensing (based on frequency resource granularity such as resource block/BWP), par 0097. Here configured subset of resources can be equated to one or more subsets of frequency resources, and one or more subsets of the configured subset of resources for sensing can be equated to one or more SFRs comprising only the certain frequency resources of the one or more subsets of frequency resources), and
wherein
the UE is to receive from the wireless communication network the one or more SFRs (see, WTRU receives partial sensing request from the network indicating subchannel indices, par 0091),
the UE is to receive the one or more SFRs from another UE via sidelink, or
the UE is to determine the one or more SFRs, and
to determine the one or more SFRs, the UE is to
carry out sensing across all frequency resources for detecting a pattern of frequency resources to be used for transmissions by other UEs, and/or
using a result of the sensing across the all frequency resources, define the one or more SFRs (Noted, the examiner picks an option to reject).
Regarding claim 2 (Currently Amended), Hoang’835 discloses the user device, UE, of claim 1 (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040), wherein outside the one or more subsets of frequency resources the UE is not to operate, e.g., not to carry out one or more of the following:
sensing (see, partial sensing only on subset of frequency resources and thus not sensing on the other part of the frequency resources, par 0089),
data transmission and/or reception (note, the examiner picks an option to reject).
Regarding claim 3 (Original), Hoang’835 discloses the user device, UE, of claim 1 (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040), wherein a further set of resources is provided in the wireless communication network for a communication (see, WTRU as vehicle configured to perform sensing in a set of time/frequency resources depending on the WTRU's geolocation (here vehicle moving to new location configured with new resources can be equated to further set of resources), par 0080, 0090), and wherein the UE is to operate on some or all of the further set of resources (see, WTRU receives sensing request from the network indicating either partial or full sensing with sensing resource indication, par 0091).
Regarding claim 4 (Original), Hoang’835 discloses the user device, UE, of claim 1 (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040), wherein the UE is to operate on a plurality of subsets of frequency resources (see, Fig. 2, sensing pool assigned to WTRU including two subsets of frequency resources, par 0089), the plurality of subsets of frequency resources being contiguous or being separated, e.g., by respective non-sensing-intervals (see, Fig. 2, sensing pool including two contiguous subsets of frequency resources (from frequency point of view) and separated by intervals from timing point of view (bitmap indicating monitoring or not) as shown by Fig. 2, par 0089).
Regarding claim 25 (Currently Amended), Hoang’835 discloses the user device, UE, of claim 1 (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040), wherein outside the one or more subsets of time resources the UE is not to carry out one or more of the following:
sensing (see, WTRU performs partial sensing in a subset of the subframes in the sensing pool such as four out of five subframes in its sensing pool, and thus not performs sensing outside of the subsets of subframes, par 0089),
data transmission and/or reception,
switching between reception and transmission, and
switching between transmission and reception (note, the examiner picks an option to reject).
Regarding claim 26 (Currently Amended), Hoang’835 discloses the user device, UE, of claim 1 (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040), wherein the UE is to carry out sensing on a plurality of subsets of time resources (see, Fig. 2, WTRU performs sensing on subset of subframes (each subframes comprises symbols), par 0089, 0097), the plurality of subsets of time resources being separated by respective non-sensing-intervals (see, Fig. 2, intervals between sensing subframes according to bitmap shown in Fig. 2, par 0089, 0090. Noted, mapping between geolocation and sensing resources configured, par 0090).
Regarding claim 31 (Currently Amended), Hoang’835 discloses the user device, UE, of claim 1 (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040), wherein the one or more SFRs are defined to comprise a plurality of frequency resources (see, WTRU configured to perform partial sensing on subset of the frequency resources (CCs or BWPs), par 0089), the plurality of frequency resources being contiguous or being separated by respective non-sensing-intervals (see, Fig. 2, frequency resources (CCs or BWPs) configured are contiguous according to Fig. 2 or configured with certain sensing frequency pattern (and thus separated by non-sensing-intervals), par 0089, 0118).
Regarding claim 32 (Currently Amended), Hoang’835 discloses the user device, UE, of claim 1 (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040), wherein the one or more SFRs are defined (see, WTRU configured to perform partial sensing on subset of the frequency resources (CCs or BWPs), par 0089) using one or more of the following parameters:
a starting RB or subchannel index (see, sensing resource indication with subchannel indices, par 0091),
a contiguous set of RBs or subchannels,
a pattern across frequency (see, configured to perform sensing on a set of resources with certain frequency pattern, par 0118),
a pattern across frequency and time (see, Fig. 2, configured to perform sensing on a set of resources with certain time/frequency pattern, par 0118. Noted, the examiner picks an option to reject).
Regarding claim 33 (Currently Amended), Hoang’835 discloses the user device, UE, of claim 32 (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040), wherein the one or more SFRs are defined as a pattern across frequency using one or more of the following parameters (see, configured to perform sensing on a set of resources with certain frequency pattern, par 0118):
resources across a frequency of the set of resources (see, time frequency locations, par 0132) in which the UE is to carry out sensing (see, configured to perform sensing on a set of resources identified by time pattern such as time sensing window (and thus across frequency of the set of time frequency locations), par 0118, 0122, 0132),
resources across a frequency of the set of resources in which the UE is not carrying out sensing,
a frequency gap or offset between two consecutive subsets of frequency resources where the UE is to carry out sensing,
a periodicity of a frequency pattern, and
an overall frequency band for which the frequency pattern repeats (note, the examiner picks an option to reject).
Regarding claim 34 (Currently Amended), Hoang’835 discloses the user device, UE, of claim 1 (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040), wherein the UE is to carry out sensing across all frequency resources for a decision time period (see, configured to perform sensing on a set of resources identified by time pattern such as time sensing window (and thus across frequency of the set of time frequency locations), par 0118, 0122, 0132), the decision time period (see, time sensing window, par 0122) being
based on an absolute number of time slots (see, T1 and T2 to define sensing window, par 0121-0122) within which the UE is to carry out sensing of all frequency resources (see, time sensing window [n+T1, n+T2] where n indicates slot for timing reference for sensing, values of T1 and T2 may be configured by the network on sensing resource pool, par 0121-0122. Noted, time frequency locations as resources, par 0132), or
defined as a number of subsets of time resources of the set of resources within which the UE carries out sensing of all frequency resources (note, the examiner picks an option to reject).
Regarding claim 35 (Original), Hoang’835 discloses the user device, UE, of claim 29 (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040), wherein the decision time period is repeated periodically (see, periodic sensing with sensing window, par 0122).
Regarding claim 36 (Currently Amended), Hoang’835 discloses the user device, UE, of claim 1 (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040), wherein the one ore more SFRs (see, resources with frequency resource granularity of resource block/BWP, par 0097) depend on a subchannel detection rate (see, channel busy ratio (CBR) over a subset of subchannels, par 0092), SCDR (see, WTRU perform sensing on sensing resource pool based on CBR, par 0090, 0092), the SCDR (see, channel busy ratio (CBR) over a subset of subchannels, par 0092) being defined as a number of frequency resources or subchannels where the UE is to carry out sensing to a total number of frequency resources or subchannels (see, subchannels, par 0092) in the one or more subsets of frequency resources (see, WTRU perform sensing on sensing resource pool when CBR over a subset of subchannels becomes larger than a threshold in partial sensing on resource pool, par 0090-0092. Noted, partial sensing on subset of the frequency resources configured to WTRU, par 0089).
Regarding claim 37 (Currently Amended), Hoang’835 discloses the user device, UE, of claim 36 (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040), wherein the UE is to alter the SCDR (see, CBR and/or CR, par 0094. Noted, CBR over subset of subchannels larger than a threshold, par 0092) depending on one or more criteria (see, WTRU determines intended sensing resources based on resources from a past sensing result include resources with CBR and/or channel occupation ratio (CR) statistics meeting pre-configured threshold and threshold can be changed, par 0094, 0106. Noted, CBR over subset of subchannels larger than a threshold, par 0092), which may comprise one or more of the following:
a priority of a transmission for which the UE is carrying out sensing (see, WTRU uses priority of the packet (prio_Tx) to determine the threshold for resource selection, par 0106),
a congestion status of the set of resources,
a power status of the UE,
a service type, e.g. PPDR services or pedestrian services, for which the UE is configured or preconfigured to use or cater to,
a change in QoS, priority, or traffic type for a transmission to be made by the UE,
in case of a change in motion state of the UE,
in case the UE changes a geographic area,
the UE moving from in coverage to out-of-coverage a base station or from out-of-coverage to in coverage of a base station, e.g., when changing from one resource pool configuration to another, and
responsive to receiving or sending a trigger via a sidelink (note, the examiner picks an option to reject).
Regarding claim 44 (Currently Amended), Claim 44 recites a wireless communication network performing the steps recited in claim 1 and thereby, is rejected for the reasons discussed above with respect to claim 1.
Regarding claim 47 (Currently Amended), Claim 44 recites a method of operating a user device performing the steps recited in claim 1 and thereby, is rejected for the reasons discussed above with respect to claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in col. 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoang’835 in view of Chae (US 20210176720 A1, PCT Priority Date: Nov 16 , 2018) and further in view of Ali et al (US 20220141702 A1, PCT Priority Date: Mar 26, 2020).
Regarding claim 38 (Original), Hoang’835 discloses the user device, UE, of claim 36 (see, Fig. 1A-1B, WTRUs in communications system comprises WTRUs, RAN, CN, PSTN, Internet , and other networks, par 0027, 0040), wherein.
Hoang’835 discloses all the claim limitations but fails to explicitly teach:
the UE is configured or pre-configured with a lookup table, the lookup table mapping the SCDR to a congestion status of the set of resources,
using the congestion status and the lookup table, the UE is to determine a priority of transmissions that the UE is capable to transmit.
However Chae’720 from the same field of endeavor (see, Fig. 8, resource pool used by the UEs performing D2D communication under eNB’s coverage, par 0100) discloses:
the UE is configured or pre-configured with a lookup table (see, cbr-PreconfigList and cbr-pssch-TxConfigList, table 9, par 0297), the lookup table mapping the SCDR (see, transmission parameter including numChannels in corresponding resource pool, size of subchannel, positions of PSSCH candidate resources, partial sensing and CBR ranges, table 9, par 0294) to a congestion status of the set of resources (see, cbr-PreconifgList indicating mapping between preconfigured CBR list and list of PSSCH transmission configurations to configure congestion control, cbr-pssch-TxConfigList indicating mapping between CBR ranges in cbr-PreconfigList and PSSCH transmission parameters, table 9, par 0297).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the UE as taught by Chae’720 into that of Hoang’835. The motivation would have been to perform sidelink communication with out-coverage UE by using sidelink parameters determined as valid according to the specific information by the in-coverage UE (par 0008).
The combination of Hoang’835 and Chae’720 discloses all the claim limitations but fails to explicitly teach:
using the congestion status and the lookup table, the UE is to determine a priority of transmissions that the UE is capable to transmit.
However Ali’702 from the same field of endeavor (see, Fig. 4, processing vehicle-to-everything sidelink communications for an admission/congestion control scheme, par 0008, 0081) discloses:
using the congestion status (see, channel load status (CBR), par 0091) and the lookup table (see, CBR-PQI-Tx Parameter table, par 0091), the UE is to determine a priority of transmissions that the UE is capable to transmit (see, UE determines whether packet allowed to transmit according to channel load status (CBR) and packet priority comparing with priority threshold checking from CBR-PQI-Tx Parameter table, par 0091. Noted, CBR relative to priority threshold, par 0091).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the UE as taught by Ali’702 into that of Hoang’835 modified by Chae’720. The motivation would have been to provide congestion control among different UEs operating over sidelink performing V2X transmission (par 0004).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XUAN LU whose telephone number is (571)272-2844. The examiner can normally be reached on Monday - Friday 7:30am-5:30pm.
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/XUAN LU/Primary Examiner, Art Unit 2473